Article 05 – Jurisdiction

Date: Monday, March 9, 2015 | Category: | Author:

It is recognized that circumstances and conditions exist and will continue to exist which may necessitate the use of non-bargaining unit personnel to carry out work covered by this Agreement, such work having been performed exclusively by bargaining unit employees in the past.

Notwithstanding the provision of Article 5.1, the Company agrees that it shall not assign non-bargaining unit personnel to the extent that the same would result in, or significantly contribute to, the lay-off, displacement (bumping) or reduction of scheduled hours of a bargaining unit employee in the employ of the Company.

The Company shall be free to assign work or functions performed by members of the bargaining unit to non-bargaining unit employees of the Company on an occasional basis.  The Company agrees that preference will be given to qualified bargaining unit members and that the assignment of duties will not be unreasonably assigned to non-bargaining unit personnel.  The preceding shall not be seen as a requirement for the Company to alter its existing practices regarding assignment of duties to non-bargaining unit employees.

Without restricting the generality of Articles 5.1, 5.2 and 5.3, it is understood that:

The Company may enter into separate contracts to obtain goods and services in the following areas:

  1. Recognized professional services such as surveys, inspections, appraisals, legal functions and auditing functions
  1. Janitorial and security functions.
  1. Construction, upgrading or renovations of physical plant and facilities. 
  1.  Maintenance of rebroadcast transmitters.
  1. Cases of expertise not resident in the bargaining unit. Wherever possible, the Company shall make efforts to develop such expertise within the bargaining unit. 
  1. Those contracts required for a specific purpose and a limited term, although they may be renewable, which are necessitated by commercial or program production, which is not of an ongoing, permanent nature. 
  1. Where an outside production client specifically requests the services of a third party to perform work in connection with a production or where it is necessary to engage a third party in order to secure a production contract. Such services shall be limited to Director or Camera. 
  1. Outside employment agency personnel may be hired by the Company to perform the work of Secretary and Clerk/Typist job classifications and shall be excluded from all provisions of the Collective Agreement provided that the duration of employment is less than one (1) month.  The Company shall remit on behalf of such personnel, an amount equivalent to Union dues as set out in this Agreement. 
  1. The Union agrees to allow the use of students on practicums to perform bargaining unit work or function.  Students shall not be used in order to replace a bargaining unit employee on vacation, sick leave or any other leave, or to avoid the payment of overtime or premiums to bargaining unit employees.  The use of students on practicums shall not deny access to hours of work that would otherwise be assigned to qualified bargaining unit employees. 
  1. Real time closed captioning functions. 

The Company shall be free to enter into personal employment contracts with individuals who perform the functions of Program Host. Such individuals shall be excluded from all terms and conditions of this Agreement, provided that:

  1. The total number of such contracts shall not exceed four (4); and
  2. The Company shall pay to the Union, an amount equivalent to Union dues as set out in this Agreement, on behalf of such individuals.
  3. These will be remitted to the Union in the first quarter of a current year to reflect the previous calendar year.

The Company shall not use non-bargaining unit personnel as set out in Articles 5.4 through 5.4.2 if such action:

  1. Results in the lay-off or displacement (bumping) of a bargaining unit employee; or
  2. Results in the failure to recall a laid-off bargaining unit employee; or
  3. Results in the failure to fill a full-time bargaining unit position or a part-time position; or
  4. Results in a reduction in scheduled hours to a bargaining unit employee.